T 1452/15 (Cooling fan/BORGWARNER) of 10.01.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T145215.20190110
- Date of decision
- 10 January 2019
- Case number
- T 1452/15
- Petition for review of
- -
- Application number
- 01918835.8
- IPC class
- F04D 29/38F04D 29/32
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- COOLING FAN
- Applicant name
- BorgWarner, Inc.
- Opponent name
- MAHLE Behr GmbH & Co. KG
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Novelty - main and first auxiliary requests (no)
Inventive step - 2nd auxiliary request (no) 3rd auxiliary request (yes) - Catchword
- -
- Cited cases
- T 0204/83
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain European patent No. 1208303 in amended form, on the basis of the following documents:
Claims:
Claims 1-7 of the third auxiliary request, filed with letter of 19 December 2014
Description:
Pages 2 and 3 as filed on 10 January 2019, during oral proceedings before the Board,
Pages 4-6 of the published patent specification
Drawings:
Figures 1-10c of the published patent specification.